|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 HB4801 Introduced , by Rep. Will Guzzardi SYNOPSIS AS INTRODUCED: | | 5 ILCS 140/7 | | 35 ILCS 200/15-172 | |
| Amends the Property Tax Code. Authorizes Chief County Assessment Officers in counties with 3,000,000 or more inhabitants to renew an individual's low-income senior citizen exemption under the Code without an annual application if the applicant has previously provided the full social security number or individual taxpayer identification numbers for all members of the applicant's household. Provides that, if a Chief County Assessment Officer is unable to verify that an applicant remains eligible for the low-income senior citizen exemption, then the Chief County Assessment Officer shall notify the applicant and provide the applicant with an opportunity to demonstrate the applicant's eligibility for the exemption. Amends the Freedom of Information Act. Exempts from disclosure under the Act information submitted to a Chief County Assessment Officer in applications for the low-income senior citizen exemption under the Property Tax Code. |
| |
| | A BILL FOR |
|
|
| | HB4801 | | LRB104 16510 HLH 29906 b |
|
|
| 1 | | AN ACT concerning revenue. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Freedom of Information Act is amended by |
| 5 | | changing Section 7 as follows: |
| 6 | | (5 ILCS 140/7) |
| 7 | | (Text of Section before amendment by P.A. 104-300) |
| 8 | | Sec. 7. Exemptions. |
| 9 | | (1) When a request is made to inspect or copy a public |
| 10 | | record that contains information that is exempt from |
| 11 | | disclosure under this Section, but also contains information |
| 12 | | that is not exempt from disclosure, the public body may elect |
| 13 | | to redact the information that is exempt. The public body |
| 14 | | shall make the remaining information available for inspection |
| 15 | | and copying. Subject to this requirement, the following shall |
| 16 | | be exempt from inspection and copying: |
| 17 | | (a) Information specifically prohibited from |
| 18 | | disclosure by federal or State law or rules and |
| 19 | | regulations implementing federal or State law. |
| 20 | | (b) Private information, unless disclosure is required |
| 21 | | by another provision of this Act, a State or federal law, |
| 22 | | or a court order. |
| 23 | | (b-5) Files, documents, and other data or databases |
|
| | HB4801 | - 2 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | maintained by one or more law enforcement agencies and |
| 2 | | specifically designed to provide information to one or |
| 3 | | more law enforcement agencies regarding the physical or |
| 4 | | mental status of one or more individual subjects. |
| 5 | | (c) Personal information contained within public |
| 6 | | records, the disclosure of which would constitute a |
| 7 | | clearly unwarranted invasion of personal privacy, unless |
| 8 | | the disclosure is consented to in writing by the |
| 9 | | individual subjects of the information. "Unwarranted |
| 10 | | invasion of personal privacy" means the disclosure of |
| 11 | | information that is highly personal or objectionable to a |
| 12 | | reasonable person and in which the subject's right to |
| 13 | | privacy outweighs any legitimate public interest in |
| 14 | | obtaining the information. The disclosure of information |
| 15 | | that bears on the public duties of public employees and |
| 16 | | officials shall not be considered an invasion of personal |
| 17 | | privacy. |
| 18 | | (d) Records in the possession of any public body |
| 19 | | created in the course of administrative enforcement |
| 20 | | proceedings, and any law enforcement or correctional |
| 21 | | agency for law enforcement purposes, but only to the |
| 22 | | extent that disclosure would: |
| 23 | | (i) interfere with pending or actually and |
| 24 | | reasonably contemplated law enforcement proceedings |
| 25 | | conducted by any law enforcement or correctional |
| 26 | | agency that is the recipient of the request; |
|
| | HB4801 | - 3 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | (ii) interfere with active administrative |
| 2 | | enforcement proceedings conducted by the public body |
| 3 | | that is the recipient of the request; |
| 4 | | (iii) create a substantial likelihood that a |
| 5 | | person will be deprived of a fair trial or an impartial |
| 6 | | hearing; |
| 7 | | (iv) unavoidably disclose the identity of a |
| 8 | | confidential source, confidential information |
| 9 | | furnished only by the confidential source, or persons |
| 10 | | who file complaints with or provide information to |
| 11 | | administrative, investigative, law enforcement, or |
| 12 | | penal agencies; except that the identities of |
| 13 | | witnesses to traffic crashes, traffic crash reports, |
| 14 | | and rescue reports shall be provided by agencies of |
| 15 | | local government, except when disclosure would |
| 16 | | interfere with an active criminal investigation |
| 17 | | conducted by the agency that is the recipient of the |
| 18 | | request; |
| 19 | | (v) disclose unique or specialized investigative |
| 20 | | techniques other than those generally used and known |
| 21 | | or disclose internal documents of correctional |
| 22 | | agencies related to detection, observation, or |
| 23 | | investigation of incidents of crime or misconduct, and |
| 24 | | disclosure would result in demonstrable harm to the |
| 25 | | agency or public body that is the recipient of the |
| 26 | | request; |
|
| | HB4801 | - 4 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | (vi) endanger the life or physical safety of law |
| 2 | | enforcement personnel or any other person; or |
| 3 | | (vii) obstruct an ongoing criminal investigation |
| 4 | | by the agency that is the recipient of the request. |
| 5 | | (d-5) A law enforcement record created for law |
| 6 | | enforcement purposes and contained in a shared electronic |
| 7 | | record management system if the law enforcement agency |
| 8 | | that is the recipient of the request did not create the |
| 9 | | record, did not participate in or have a role in any of the |
| 10 | | events which are the subject of the record, and only has |
| 11 | | access to the record through the shared electronic record |
| 12 | | management system. |
| 13 | | (d-6) Records contained in the Officer Professional |
| 14 | | Conduct Database under Section 9.2 of the Illinois Police |
| 15 | | Training Act, except to the extent authorized under that |
| 16 | | Section. This includes the documents supplied to the |
| 17 | | Illinois Law Enforcement Training Standards Board from the |
| 18 | | Illinois State Police and Illinois State Police Merit |
| 19 | | Board. |
| 20 | | (d-7) Information gathered or records created from the |
| 21 | | use of automatic license plate readers in connection with |
| 22 | | Section 2-130 of the Illinois Vehicle Code. |
| 23 | | (e) Records that relate to or affect the security of |
| 24 | | correctional institutions and detention facilities. |
| 25 | | (e-5) Records requested by persons committed to the |
| 26 | | Department of Corrections, Department of Human Services |
|
| | HB4801 | - 5 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Division of Mental Health, or a county jail if those |
| 2 | | materials are available in the library of the correctional |
| 3 | | institution or facility or jail where the inmate is |
| 4 | | confined. |
| 5 | | (e-6) Records requested by persons committed to the |
| 6 | | Department of Corrections, Department of Human Services |
| 7 | | Division of Mental Health, or a county jail if those |
| 8 | | materials include records from staff members' personnel |
| 9 | | files, staff rosters, or other staffing assignment |
| 10 | | information. |
| 11 | | (e-7) Records requested by persons committed to the |
| 12 | | Department of Corrections or Department of Human Services |
| 13 | | Division of Mental Health if those materials are available |
| 14 | | through an administrative request to the Department of |
| 15 | | Corrections or Department of Human Services Division of |
| 16 | | Mental Health. |
| 17 | | (e-8) Records requested by a person committed to the |
| 18 | | Department of Corrections, Department of Human Services |
| 19 | | Division of Mental Health, or a county jail, the |
| 20 | | disclosure of which would result in the risk of harm to any |
| 21 | | person or the risk of an escape from a jail or correctional |
| 22 | | institution or facility. |
| 23 | | (e-9) Records requested by a person in a county jail |
| 24 | | or committed to the Department of Corrections or |
| 25 | | Department of Human Services Division of Mental Health, |
| 26 | | containing personal information pertaining to the person's |
|
| | HB4801 | - 6 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | victim or the victim's family, including, but not limited |
| 2 | | to, a victim's home address, home telephone number, work |
| 3 | | or school address, work telephone number, social security |
| 4 | | number, or any other identifying information, except as |
| 5 | | may be relevant to a requester's current or potential case |
| 6 | | or claim. |
| 7 | | (e-10) Law enforcement records of other persons |
| 8 | | requested by a person committed to the Department of |
| 9 | | Corrections, Department of Human Services Division of |
| 10 | | Mental Health, or a county jail, including, but not |
| 11 | | limited to, arrest and booking records, mug shots, and |
| 12 | | crime scene photographs, except as these records may be |
| 13 | | relevant to the requester's current or potential case or |
| 14 | | claim. |
| 15 | | (f) Preliminary drafts, notes, recommendations, |
| 16 | | memoranda, and other records in which opinions are |
| 17 | | expressed, or policies or actions are formulated, except |
| 18 | | that a specific record or relevant portion of a record |
| 19 | | shall not be exempt when the record is publicly cited and |
| 20 | | identified by the head of the public body. The exemption |
| 21 | | provided in this paragraph (f) extends to all those |
| 22 | | records of officers and agencies of the General Assembly |
| 23 | | that pertain to the preparation of legislative documents. |
| 24 | | (g) Trade secrets and commercial or financial |
| 25 | | information obtained from a person or business where the |
| 26 | | trade secrets or commercial or financial information are |
|
| | HB4801 | - 7 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | furnished under a claim that they are proprietary, |
| 2 | | privileged, or confidential, and that disclosure of the |
| 3 | | trade secrets or commercial or financial information would |
| 4 | | cause competitive harm to the person or business, and only |
| 5 | | insofar as the claim directly applies to the records |
| 6 | | requested. |
| 7 | | The information included under this exemption includes |
| 8 | | all trade secrets and commercial or financial information |
| 9 | | obtained by a public body, including a public pension |
| 10 | | fund, from a private equity fund or a privately held |
| 11 | | company within the investment portfolio of a private |
| 12 | | equity fund as a result of either investing or evaluating |
| 13 | | a potential investment of public funds in a private equity |
| 14 | | fund. The exemption contained in this item does not apply |
| 15 | | to the aggregate financial performance information of a |
| 16 | | private equity fund, nor to the identity of the fund's |
| 17 | | managers or general partners. The exemption contained in |
| 18 | | this item does not apply to the identity of a privately |
| 19 | | held company within the investment portfolio of a private |
| 20 | | equity fund, unless the disclosure of the identity of a |
| 21 | | privately held company may cause competitive harm. |
| 22 | | Nothing contained in this paragraph (g) shall be |
| 23 | | construed to prevent a person or business from consenting |
| 24 | | to disclosure. |
| 25 | | (h) Proposals and bids for any contract, grant, or |
| 26 | | agreement, including information which if it were |
|
| | HB4801 | - 8 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | disclosed would frustrate procurement or give an advantage |
| 2 | | to any person proposing to enter into a contractor |
| 3 | | agreement with the body, until an award or final selection |
| 4 | | is made. Information prepared by or for the body in |
| 5 | | preparation of a bid solicitation shall be exempt until an |
| 6 | | award or final selection is made. |
| 7 | | (i) Valuable formulae, computer geographic systems, |
| 8 | | designs, drawings, and research data obtained or produced |
| 9 | | by any public body when disclosure could reasonably be |
| 10 | | expected to produce private gain or public loss. The |
| 11 | | exemption for "computer geographic systems" provided in |
| 12 | | this paragraph (i) does not extend to requests made by |
| 13 | | news media as defined in Section 2 of this Act when the |
| 14 | | requested information is not otherwise exempt and the only |
| 15 | | purpose of the request is to access and disseminate |
| 16 | | information regarding the health, safety, welfare, or |
| 17 | | legal rights of the general public. |
| 18 | | (j) The following information pertaining to |
| 19 | | educational matters: |
| 20 | | (i) test questions, scoring keys, and other |
| 21 | | examination data used to administer an academic |
| 22 | | examination; |
| 23 | | (ii) information received by a primary or |
| 24 | | secondary school, college, or university under its |
| 25 | | procedures for the evaluation of faculty members by |
| 26 | | their academic peers; |
|
| | HB4801 | - 9 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | (iii) information concerning a school or |
| 2 | | university's adjudication of student disciplinary |
| 3 | | cases, but only to the extent that disclosure would |
| 4 | | unavoidably reveal the identity of the student; and |
| 5 | | (iv) course materials or research materials used |
| 6 | | by faculty members. |
| 7 | | (k) Architects' plans, engineers' technical |
| 8 | | submissions, and other construction related technical |
| 9 | | documents for projects not constructed or developed in |
| 10 | | whole or in part with public funds and the same for |
| 11 | | projects constructed or developed with public funds, |
| 12 | | including, but not limited to, power generating and |
| 13 | | distribution stations and other transmission and |
| 14 | | distribution facilities, water treatment facilities, |
| 15 | | airport facilities, sport stadiums, convention centers, |
| 16 | | and all government owned, operated, or occupied buildings, |
| 17 | | but only to the extent that disclosure would compromise |
| 18 | | security. |
| 19 | | (l) Minutes of meetings of public bodies closed to the |
| 20 | | public as provided in the Open Meetings Act until the |
| 21 | | public body makes the minutes available to the public |
| 22 | | under Section 2.06 of the Open Meetings Act. |
| 23 | | (m) Communications between a public body and an |
| 24 | | attorney or auditor representing the public body that |
| 25 | | would not be subject to discovery in litigation, and |
| 26 | | materials prepared or compiled by or for a public body in |
|
| | HB4801 | - 10 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | anticipation of a criminal, civil, or administrative |
| 2 | | proceeding upon the request of an attorney advising the |
| 3 | | public body, and materials prepared or compiled with |
| 4 | | respect to internal audits of public bodies. |
| 5 | | (n) Records relating to a public body's adjudication |
| 6 | | of employee grievances or disciplinary cases; however, |
| 7 | | this exemption shall not extend to the final outcome of |
| 8 | | cases in which discipline is imposed. |
| 9 | | (o) Administrative or technical information associated |
| 10 | | with automated data processing operations, including, but |
| 11 | | not limited to, software, operating protocols, computer |
| 12 | | program abstracts, file layouts, source listings, object |
| 13 | | modules, load modules, user guides, documentation |
| 14 | | pertaining to all logical and physical design of |
| 15 | | computerized systems, employee manuals, and any other |
| 16 | | information that, if disclosed, would jeopardize the |
| 17 | | security of the system or its data or the security of |
| 18 | | materials exempt under this Section. |
| 19 | | (p) Records relating to collective negotiating matters |
| 20 | | between public bodies and their employees or |
| 21 | | representatives, except that any final contract or |
| 22 | | agreement shall be subject to inspection and copying. |
| 23 | | (q) Test questions, scoring keys, and other |
| 24 | | examination data used to determine the qualifications of |
| 25 | | an applicant for a license or employment. |
| 26 | | (r) The records, documents, and information relating |
|
| | HB4801 | - 11 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | to real estate purchase negotiations until those |
| 2 | | negotiations have been completed or otherwise terminated. |
| 3 | | With regard to a parcel involved in a pending or actually |
| 4 | | and reasonably contemplated eminent domain proceeding |
| 5 | | under the Eminent Domain Act, records, documents, and |
| 6 | | information relating to that parcel shall be exempt except |
| 7 | | as may be allowed under discovery rules adopted by the |
| 8 | | Illinois Supreme Court. The records, documents, and |
| 9 | | information relating to a real estate sale shall be exempt |
| 10 | | until a sale is consummated. |
| 11 | | (s) Any and all proprietary information and records |
| 12 | | related to the operation of an intergovernmental risk |
| 13 | | management association or self-insurance pool or jointly |
| 14 | | self-administered health and accident cooperative or pool. |
| 15 | | Insurance or self-insurance (including any |
| 16 | | intergovernmental risk management association or |
| 17 | | self-insurance pool) claims, loss or risk management |
| 18 | | information, records, data, advice, or communications. |
| 19 | | (t) Information contained in or related to |
| 20 | | examination, operating, or condition reports prepared by, |
| 21 | | on behalf of, or for the use of a public body responsible |
| 22 | | for the regulation or supervision of financial |
| 23 | | institutions, insurance companies, or pharmacy benefit |
| 24 | | managers, unless disclosure is otherwise required by State |
| 25 | | law. |
| 26 | | (u) Information that would disclose or might lead to |
|
| | HB4801 | - 12 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | the disclosure of secret or confidential information, |
| 2 | | codes, algorithms, programs, or private keys intended to |
| 3 | | be used to create electronic signatures under the Uniform |
| 4 | | Electronic Transactions Act. |
| 5 | | (v) Vulnerability assessments, security measures, and |
| 6 | | response policies or plans that are designed to identify, |
| 7 | | prevent, or respond to potential attacks upon a |
| 8 | | community's population or systems, facilities, or |
| 9 | | installations, but only to the extent that disclosure |
| 10 | | could reasonably be expected to expose the vulnerability |
| 11 | | or jeopardize the effectiveness of the measures, policies, |
| 12 | | or plans, or the safety of the personnel who implement |
| 13 | | them or the public. Information exempt under this item may |
| 14 | | include such things as details pertaining to the |
| 15 | | mobilization or deployment of personnel or equipment, to |
| 16 | | the operation of communication systems or protocols, to |
| 17 | | cybersecurity vulnerabilities, or to tactical operations. |
| 18 | | (w) (Blank). |
| 19 | | (x) Maps and other records regarding the location or |
| 20 | | security of generation, transmission, distribution, |
| 21 | | storage, gathering, treatment, or switching facilities |
| 22 | | owned by a utility, by a power generator, or by the |
| 23 | | Illinois Power Agency. |
| 24 | | (y) Information contained in or related to proposals, |
| 25 | | bids, or negotiations related to electric power |
| 26 | | procurement under Section 1-75 of the Illinois Power |
|
| | HB4801 | - 13 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Agency Act and Section 16-111.5 of the Public Utilities |
| 2 | | Act that is determined to be confidential and proprietary |
| 3 | | by the Illinois Power Agency or by the Illinois Commerce |
| 4 | | Commission. |
| 5 | | (z) Information about students exempted from |
| 6 | | disclosure under Section 10-20.38 or 34-18.29 of the |
| 7 | | School Code, and information about undergraduate students |
| 8 | | enrolled at an institution of higher education exempted |
| 9 | | from disclosure under Section 25 of the Illinois Credit |
| 10 | | Card Marketing Act of 2009. |
| 11 | | (aa) Information the disclosure of which is exempted |
| 12 | | under the Viatical Settlements Act of 2009. |
| 13 | | (bb) Records and information provided to a mortality |
| 14 | | review team and records maintained by a mortality review |
| 15 | | team appointed under the Department of Juvenile Justice |
| 16 | | Mortality Review Team Act. |
| 17 | | (cc) Information regarding interments, entombments, or |
| 18 | | inurnments of human remains that are submitted to the |
| 19 | | Cemetery Oversight Database under the Cemetery Care Act or |
| 20 | | the Cemetery Oversight Act, whichever is applicable. |
| 21 | | (dd) Correspondence and records (i) that may not be |
| 22 | | disclosed under Section 11-9 of the Illinois Public Aid |
| 23 | | Code or (ii) that pertain to appeals under Section 11-8 of |
| 24 | | the Illinois Public Aid Code. |
| 25 | | (ee) The names, addresses, or other personal |
| 26 | | information of persons who are minors and are also |
|
| | HB4801 | - 14 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | participants and registrants in programs of park |
| 2 | | districts, forest preserve districts, conservation |
| 3 | | districts, recreation agencies, and special recreation |
| 4 | | associations. |
| 5 | | (ff) The names, addresses, or other personal |
| 6 | | information of participants and registrants in programs of |
| 7 | | park districts, forest preserve districts, conservation |
| 8 | | districts, recreation agencies, and special recreation |
| 9 | | associations where such programs are targeted primarily to |
| 10 | | minors. |
| 11 | | (gg) Confidential information described in Section |
| 12 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
| 13 | | 2012. |
| 14 | | (hh) The report submitted to the State Board of |
| 15 | | Education by the School Security and Standards Task Force |
| 16 | | under item (8) of subsection (d) of Section 2-3.160 of the |
| 17 | | School Code and any information contained in that report. |
| 18 | | (ii) Records requested by persons committed to or |
| 19 | | detained by the Department of Human Services under the |
| 20 | | Sexually Violent Persons Commitment Act or committed to |
| 21 | | the Department of Corrections under the Sexually Dangerous |
| 22 | | Persons Act if those materials: (i) are available in the |
| 23 | | library of the facility where the individual is confined; |
| 24 | | (ii) include records from staff members' personnel files, |
| 25 | | staff rosters, or other staffing assignment information; |
| 26 | | or (iii) are available through an administrative request |
|
| | HB4801 | - 15 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | to the Department of Human Services or the Department of |
| 2 | | Corrections. |
| 3 | | (jj) Confidential information described in Section |
| 4 | | 5-535 of the Civil Administrative Code of Illinois. |
| 5 | | (kk) The public body's credit card numbers, debit card |
| 6 | | numbers, bank account numbers, Federal Employer |
| 7 | | Identification Number, security code numbers, passwords, |
| 8 | | and similar account information, the disclosure of which |
| 9 | | could result in identity theft or impression or defrauding |
| 10 | | of a governmental entity or a person. |
| 11 | | (ll) Records concerning the work of the threat |
| 12 | | assessment team of a school district, including, but not |
| 13 | | limited to, any threat assessment procedure under the |
| 14 | | School Safety Drill Act and any information contained in |
| 15 | | the procedure. |
| 16 | | (mm) Information prohibited from being disclosed under |
| 17 | | subsections (a) and (b) of Section 15 of the Student |
| 18 | | Confidential Reporting Act. |
| 19 | | (nn) Proprietary information submitted to the |
| 20 | | Environmental Protection Agency under the Drug Take-Back |
| 21 | | Act. |
| 22 | | (oo) Records described in subsection (f) of Section |
| 23 | | 3-5-1 of the Unified Code of Corrections. |
| 24 | | (pp) Any and all information regarding burials, |
| 25 | | interments, or entombments of human remains as required to |
| 26 | | be reported to the Department of Natural Resources |
|
| | HB4801 | - 16 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | pursuant either to the Archaeological and Paleontological |
| 2 | | Resources Protection Act or the Human Remains Protection |
| 3 | | Act. |
| 4 | | (qq) Reports described in subsection (e) of Section |
| 5 | | 16-15 of the Abortion Care Clinical Training Program Act. |
| 6 | | (rr) Information obtained by a certified local health |
| 7 | | department under the Access to Public Health Data Act. |
| 8 | | (ss) For a request directed to a public body that is |
| 9 | | also a HIPAA-covered entity, all information that is |
| 10 | | protected health information, including demographic |
| 11 | | information, that may be contained within or extracted |
| 12 | | from any record held by the public body in compliance with |
| 13 | | State and federal medical privacy laws and regulations, |
| 14 | | including, but not limited to, the Health Insurance |
| 15 | | Portability and Accountability Act and its regulations, 45 |
| 16 | | CFR Parts 160 and 164. As used in this paragraph, |
| 17 | | "HIPAA-covered entity" has the meaning given to the term |
| 18 | | "covered entity" in 45 CFR 160.103 and "protected health |
| 19 | | information" has the meaning given to that term in 45 CFR |
| 20 | | 160.103. |
| 21 | | (tt) Proposals or bids submitted by engineering |
| 22 | | consultants in response to requests for proposal or other |
| 23 | | competitive bidding requests by the Department of |
| 24 | | Transportation or the Illinois Toll Highway Authority. |
| 25 | | (uu) Information submitted to a Chief County |
| 26 | | Assessment Officer that is exempt from disclosure under |
|
| | HB4801 | - 17 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Section 15-172 of the Property Tax Code. |
| 2 | | (1.5) Any information exempt from disclosure under the |
| 3 | | Judicial Privacy Act shall be redacted from public records |
| 4 | | prior to disclosure under this Act. |
| 5 | | (2) A public record that is not in the possession of a |
| 6 | | public body but is in the possession of a party with whom the |
| 7 | | agency has contracted to perform a governmental function on |
| 8 | | behalf of the public body, and that directly relates to the |
| 9 | | governmental function and is not otherwise exempt under this |
| 10 | | Act, shall be considered a public record of the public body, |
| 11 | | for purposes of this Act. |
| 12 | | (3) This Section does not authorize withholding of |
| 13 | | information or limit the availability of records to the |
| 14 | | public, except as stated in this Section or otherwise provided |
| 15 | | in this Act. |
| 16 | | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; |
| 17 | | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. |
| 18 | | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, |
| 19 | | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; |
| 20 | | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. |
| 21 | | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, |
| 22 | | eff. 7-1-24; 103-865, eff. 1-1-25.) |
| 23 | | (Text of Section after amendment by P.A. 104-300) |
| 24 | | Sec. 7. Exemptions. |
| 25 | | (1) When a request is made to inspect or copy a public |
|
| | HB4801 | - 18 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | record that contains information that is exempt from |
| 2 | | disclosure under this Section, but also contains information |
| 3 | | that is not exempt from disclosure, the public body may elect |
| 4 | | to redact the information that is exempt. The public body |
| 5 | | shall make the remaining information available for inspection |
| 6 | | and copying. Subject to this requirement, the following shall |
| 7 | | be exempt from inspection and copying: |
| 8 | | (a) Records created or compiled by a State public |
| 9 | | defender agency or commission subject to the State Public |
| 10 | | Defender Act that contain: individual client identity; |
| 11 | | individual case file information; individual investigation |
| 12 | | records and other records that are otherwise subject to |
| 13 | | attorney-client privilege; records that would not be |
| 14 | | discoverable in litigation; records under Section 2.15; |
| 15 | | training materials; records related to attorney |
| 16 | | consultation and representation strategy; or any of the |
| 17 | | above concerning clients of county public defenders or |
| 18 | | other defender agencies and firms. This exclusion does not |
| 19 | | apply to deidentified, aggregated, administrative records, |
| 20 | | such as general case processing and workload information. |
| 21 | | (a-5) Information specifically prohibited from |
| 22 | | disclosure by federal or State law or rules and |
| 23 | | regulations implementing federal or State law. |
| 24 | | (b) Private information, unless disclosure is required |
| 25 | | by another provision of this Act, a State or federal law, |
| 26 | | or a court order. |
|
| | HB4801 | - 19 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | (b-5) Files, documents, and other data or databases |
| 2 | | maintained by one or more law enforcement agencies and |
| 3 | | specifically designed to provide information to one or |
| 4 | | more law enforcement agencies regarding the physical or |
| 5 | | mental status of one or more individual subjects. |
| 6 | | (c) Personal information contained within public |
| 7 | | records, the disclosure of which would constitute a |
| 8 | | clearly unwarranted invasion of personal privacy, unless |
| 9 | | the disclosure is consented to in writing by the |
| 10 | | individual subjects of the information. "Unwarranted |
| 11 | | invasion of personal privacy" means the disclosure of |
| 12 | | information that is highly personal or objectionable to a |
| 13 | | reasonable person and in which the subject's right to |
| 14 | | privacy outweighs any legitimate public interest in |
| 15 | | obtaining the information. The disclosure of information |
| 16 | | that bears on the public duties of public employees and |
| 17 | | officials shall not be considered an invasion of personal |
| 18 | | privacy. |
| 19 | | (d) Records in the possession of any public body |
| 20 | | created in the course of administrative enforcement |
| 21 | | proceedings, and any law enforcement or correctional |
| 22 | | agency for law enforcement purposes, but only to the |
| 23 | | extent that disclosure would: |
| 24 | | (i) interfere with pending or actually and |
| 25 | | reasonably contemplated law enforcement proceedings |
| 26 | | conducted by any law enforcement or correctional |
|
| | HB4801 | - 20 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | agency that is the recipient of the request; |
| 2 | | (ii) interfere with active administrative |
| 3 | | enforcement proceedings conducted by the public body |
| 4 | | that is the recipient of the request; |
| 5 | | (iii) create a substantial likelihood that a |
| 6 | | person will be deprived of a fair trial or an impartial |
| 7 | | hearing; |
| 8 | | (iv) unavoidably disclose the identity of a |
| 9 | | confidential source, confidential information |
| 10 | | furnished only by the confidential source, or persons |
| 11 | | who file complaints with or provide information to |
| 12 | | administrative, investigative, law enforcement, or |
| 13 | | penal agencies; except that the identities of |
| 14 | | witnesses to traffic crashes, traffic crash reports, |
| 15 | | and rescue reports shall be provided by agencies of |
| 16 | | local government, except when disclosure would |
| 17 | | interfere with an active criminal investigation |
| 18 | | conducted by the agency that is the recipient of the |
| 19 | | request; |
| 20 | | (v) disclose unique or specialized investigative |
| 21 | | techniques other than those generally used and known |
| 22 | | or disclose internal documents of correctional |
| 23 | | agencies related to detection, observation, or |
| 24 | | investigation of incidents of crime or misconduct, and |
| 25 | | disclosure would result in demonstrable harm to the |
| 26 | | agency or public body that is the recipient of the |
|
| | HB4801 | - 21 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | request; |
| 2 | | (vi) endanger the life or physical safety of law |
| 3 | | enforcement personnel or any other person; or |
| 4 | | (vii) obstruct an ongoing criminal investigation |
| 5 | | by the agency that is the recipient of the request. |
| 6 | | (d-5) A law enforcement record created for law |
| 7 | | enforcement purposes and contained in a shared electronic |
| 8 | | record management system if the law enforcement agency |
| 9 | | that is the recipient of the request did not create the |
| 10 | | record, did not participate in or have a role in any of the |
| 11 | | events which are the subject of the record, and only has |
| 12 | | access to the record through the shared electronic record |
| 13 | | management system. |
| 14 | | (d-6) Records contained in the Officer Professional |
| 15 | | Conduct Database under Section 9.2 of the Illinois Police |
| 16 | | Training Act, except to the extent authorized under that |
| 17 | | Section. This includes the documents supplied to the |
| 18 | | Illinois Law Enforcement Training Standards Board from the |
| 19 | | Illinois State Police and Illinois State Police Merit |
| 20 | | Board. |
| 21 | | (d-7) Information gathered or records created from the |
| 22 | | use of automatic license plate readers in connection with |
| 23 | | Section 2-130 of the Illinois Vehicle Code. |
| 24 | | (e) Records that relate to or affect the security of |
| 25 | | correctional institutions and detention facilities. |
| 26 | | (e-5) Records requested by persons committed to the |
|
| | HB4801 | - 22 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Department of Corrections, Department of Human Services |
| 2 | | Division of Mental Health, or a county jail if those |
| 3 | | materials are available in the library of the correctional |
| 4 | | institution or facility or jail where the inmate is |
| 5 | | confined. |
| 6 | | (e-6) Records requested by persons committed to the |
| 7 | | Department of Corrections, Department of Human Services |
| 8 | | Division of Mental Health, or a county jail if those |
| 9 | | materials include records from staff members' personnel |
| 10 | | files, staff rosters, or other staffing assignment |
| 11 | | information. |
| 12 | | (e-7) Records requested by persons committed to the |
| 13 | | Department of Corrections or Department of Human Services |
| 14 | | Division of Mental Health if those materials are available |
| 15 | | through an administrative request to the Department of |
| 16 | | Corrections or Department of Human Services Division of |
| 17 | | Mental Health. |
| 18 | | (e-8) Records requested by a person committed to the |
| 19 | | Department of Corrections, Department of Human Services |
| 20 | | Division of Mental Health, or a county jail, the |
| 21 | | disclosure of which would result in the risk of harm to any |
| 22 | | person or the risk of an escape from a jail or correctional |
| 23 | | institution or facility. |
| 24 | | (e-9) Records requested by a person in a county jail |
| 25 | | or committed to the Department of Corrections or |
| 26 | | Department of Human Services Division of Mental Health, |
|
| | HB4801 | - 23 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | containing personal information pertaining to the person's |
| 2 | | victim or the victim's family, including, but not limited |
| 3 | | to, a victim's home address, home telephone number, work |
| 4 | | or school address, work telephone number, social security |
| 5 | | number, or any other identifying information, except as |
| 6 | | may be relevant to a requester's current or potential case |
| 7 | | or claim. |
| 8 | | (e-10) Law enforcement records of other persons |
| 9 | | requested by a person committed to the Department of |
| 10 | | Corrections, Department of Human Services Division of |
| 11 | | Mental Health, or a county jail, including, but not |
| 12 | | limited to, arrest and booking records, mug shots, and |
| 13 | | crime scene photographs, except as these records may be |
| 14 | | relevant to the requester's current or potential case or |
| 15 | | claim. |
| 16 | | (f) Preliminary drafts, notes, recommendations, |
| 17 | | memoranda, and other records in which opinions are |
| 18 | | expressed, or policies or actions are formulated, except |
| 19 | | that a specific record or relevant portion of a record |
| 20 | | shall not be exempt when the record is publicly cited and |
| 21 | | identified by the head of the public body. The exemption |
| 22 | | provided in this paragraph (f) extends to all those |
| 23 | | records of officers and agencies of the General Assembly |
| 24 | | that pertain to the preparation of legislative documents. |
| 25 | | (g) Trade secrets and commercial or financial |
| 26 | | information obtained from a person or business where the |
|
| | HB4801 | - 24 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | trade secrets or commercial or financial information are |
| 2 | | furnished under a claim that they are proprietary, |
| 3 | | privileged, or confidential, and that disclosure of the |
| 4 | | trade secrets or commercial or financial information would |
| 5 | | cause competitive harm to the person or business, and only |
| 6 | | insofar as the claim directly applies to the records |
| 7 | | requested. |
| 8 | | The information included under this exemption includes |
| 9 | | all trade secrets and commercial or financial information |
| 10 | | obtained by a public body, including a public pension |
| 11 | | fund, from a private equity fund or a privately held |
| 12 | | company within the investment portfolio of a private |
| 13 | | equity fund as a result of either investing or evaluating |
| 14 | | a potential investment of public funds in a private equity |
| 15 | | fund. The exemption contained in this item does not apply |
| 16 | | to the aggregate financial performance information of a |
| 17 | | private equity fund, nor to the identity of the fund's |
| 18 | | managers or general partners. The exemption contained in |
| 19 | | this item does not apply to the identity of a privately |
| 20 | | held company within the investment portfolio of a private |
| 21 | | equity fund, unless the disclosure of the identity of a |
| 22 | | privately held company may cause competitive harm. |
| 23 | | Nothing contained in this paragraph (g) shall be |
| 24 | | construed to prevent a person or business from consenting |
| 25 | | to disclosure. |
| 26 | | (h) Proposals and bids for any contract, grant, or |
|
| | HB4801 | - 25 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | agreement, including information which if it were |
| 2 | | disclosed would frustrate procurement or give an advantage |
| 3 | | to any person proposing to enter into a contractor |
| 4 | | agreement with the body, until an award or final selection |
| 5 | | is made. Information prepared by or for the body in |
| 6 | | preparation of a bid solicitation shall be exempt until an |
| 7 | | award or final selection is made. |
| 8 | | (i) Valuable formulae, computer geographic systems, |
| 9 | | designs, drawings, and research data obtained or produced |
| 10 | | by any public body when disclosure could reasonably be |
| 11 | | expected to produce private gain or public loss. The |
| 12 | | exemption for "computer geographic systems" provided in |
| 13 | | this paragraph (i) does not extend to requests made by |
| 14 | | news media as defined in Section 2 of this Act when the |
| 15 | | requested information is not otherwise exempt and the only |
| 16 | | purpose of the request is to access and disseminate |
| 17 | | information regarding the health, safety, welfare, or |
| 18 | | legal rights of the general public. |
| 19 | | (j) The following information pertaining to |
| 20 | | educational matters: |
| 21 | | (i) test questions, scoring keys, and other |
| 22 | | examination data used to administer an academic |
| 23 | | examination; |
| 24 | | (ii) information received by a primary or |
| 25 | | secondary school, college, or university under its |
| 26 | | procedures for the evaluation of faculty members by |
|
| | HB4801 | - 26 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | their academic peers; |
| 2 | | (iii) information concerning a school or |
| 3 | | university's adjudication of student disciplinary |
| 4 | | cases, but only to the extent that disclosure would |
| 5 | | unavoidably reveal the identity of the student; and |
| 6 | | (iv) course materials or research materials used |
| 7 | | by faculty members. |
| 8 | | (k) Architects' plans, engineers' technical |
| 9 | | submissions, and other construction related technical |
| 10 | | documents for projects not constructed or developed in |
| 11 | | whole or in part with public funds and the same for |
| 12 | | projects constructed or developed with public funds, |
| 13 | | including, but not limited to, power generating and |
| 14 | | distribution stations and other transmission and |
| 15 | | distribution facilities, water treatment facilities, |
| 16 | | airport facilities, sport stadiums, convention centers, |
| 17 | | and all government owned, operated, or occupied buildings, |
| 18 | | but only to the extent that disclosure would compromise |
| 19 | | security. |
| 20 | | (l) Minutes of meetings of public bodies closed to the |
| 21 | | public as provided in the Open Meetings Act until the |
| 22 | | public body makes the minutes available to the public |
| 23 | | under Section 2.06 of the Open Meetings Act. |
| 24 | | (m) Communications between a public body and an |
| 25 | | attorney or auditor representing the public body that |
| 26 | | would not be subject to discovery in litigation, and |
|
| | HB4801 | - 27 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | materials prepared or compiled by or for a public body in |
| 2 | | anticipation of a criminal, civil, or administrative |
| 3 | | proceeding upon the request of an attorney advising the |
| 4 | | public body, and materials prepared or compiled with |
| 5 | | respect to internal audits of public bodies. |
| 6 | | (n) Records relating to a public body's adjudication |
| 7 | | of employee grievances or disciplinary cases; however, |
| 8 | | this exemption shall not extend to the final outcome of |
| 9 | | cases in which discipline is imposed. |
| 10 | | (o) Administrative or technical information associated |
| 11 | | with automated data processing operations, including, but |
| 12 | | not limited to, software, operating protocols, computer |
| 13 | | program abstracts, file layouts, source listings, object |
| 14 | | modules, load modules, user guides, documentation |
| 15 | | pertaining to all logical and physical design of |
| 16 | | computerized systems, employee manuals, and any other |
| 17 | | information that, if disclosed, would jeopardize the |
| 18 | | security of the system or its data or the security of |
| 19 | | materials exempt under this Section. |
| 20 | | (p) Records relating to collective negotiating matters |
| 21 | | between public bodies and their employees or |
| 22 | | representatives, except that any final contract or |
| 23 | | agreement shall be subject to inspection and copying. |
| 24 | | (q) Test questions, scoring keys, and other |
| 25 | | examination data used to determine the qualifications of |
| 26 | | an applicant for a license or employment. |
|
| | HB4801 | - 28 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | (r) The records, documents, and information relating |
| 2 | | to real estate purchase negotiations until those |
| 3 | | negotiations have been completed or otherwise terminated. |
| 4 | | With regard to a parcel involved in a pending or actually |
| 5 | | and reasonably contemplated eminent domain proceeding |
| 6 | | under the Eminent Domain Act, records, documents, and |
| 7 | | information relating to that parcel shall be exempt except |
| 8 | | as may be allowed under discovery rules adopted by the |
| 9 | | Illinois Supreme Court. The records, documents, and |
| 10 | | information relating to a real estate sale shall be exempt |
| 11 | | until a sale is consummated. |
| 12 | | (s) Any and all proprietary information and records |
| 13 | | related to the operation of an intergovernmental risk |
| 14 | | management association or self-insurance pool or jointly |
| 15 | | self-administered health and accident cooperative or pool. |
| 16 | | Insurance or self-insurance (including any |
| 17 | | intergovernmental risk management association or |
| 18 | | self-insurance pool) claims, loss or risk management |
| 19 | | information, records, data, advice, or communications. |
| 20 | | (t) Information contained in or related to |
| 21 | | examination, operating, or condition reports prepared by, |
| 22 | | on behalf of, or for the use of a public body responsible |
| 23 | | for the regulation or supervision of financial |
| 24 | | institutions, insurance companies, or pharmacy benefit |
| 25 | | managers, unless disclosure is otherwise required by State |
| 26 | | law. |
|
| | HB4801 | - 29 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | (u) Information that would disclose or might lead to |
| 2 | | the disclosure of secret or confidential information, |
| 3 | | codes, algorithms, programs, or private keys intended to |
| 4 | | be used to create electronic signatures under the Uniform |
| 5 | | Electronic Transactions Act. |
| 6 | | (v) Vulnerability assessments, security measures, and |
| 7 | | response policies or plans that are designed to identify, |
| 8 | | prevent, or respond to potential attacks upon a |
| 9 | | community's population or systems, facilities, or |
| 10 | | installations, but only to the extent that disclosure |
| 11 | | could reasonably be expected to expose the vulnerability |
| 12 | | or jeopardize the effectiveness of the measures, policies, |
| 13 | | or plans, or the safety of the personnel who implement |
| 14 | | them or the public. Information exempt under this item may |
| 15 | | include such things as details pertaining to the |
| 16 | | mobilization or deployment of personnel or equipment, to |
| 17 | | the operation of communication systems or protocols, to |
| 18 | | cybersecurity vulnerabilities, or to tactical operations. |
| 19 | | (w) (Blank). |
| 20 | | (x) Maps and other records regarding the location or |
| 21 | | security of generation, transmission, distribution, |
| 22 | | storage, gathering, treatment, or switching facilities |
| 23 | | owned by a utility, by a power generator, or by the |
| 24 | | Illinois Power Agency. |
| 25 | | (y) Information contained in or related to proposals, |
| 26 | | bids, or negotiations related to electric power |
|
| | HB4801 | - 30 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | procurement under Section 1-75 of the Illinois Power |
| 2 | | Agency Act and Section 16-111.5 of the Public Utilities |
| 3 | | Act that is determined to be confidential and proprietary |
| 4 | | by the Illinois Power Agency or by the Illinois Commerce |
| 5 | | Commission. |
| 6 | | (z) Information about students exempted from |
| 7 | | disclosure under Section 10-20.38 or 34-18.29 of the |
| 8 | | School Code, and information about undergraduate students |
| 9 | | enrolled at an institution of higher education exempted |
| 10 | | from disclosure under Section 25 of the Illinois Credit |
| 11 | | Card Marketing Act of 2009. |
| 12 | | (aa) Information the disclosure of which is exempted |
| 13 | | under the Viatical Settlements Act of 2009. |
| 14 | | (bb) Records and information provided to a mortality |
| 15 | | review team and records maintained by a mortality review |
| 16 | | team appointed under the Department of Juvenile Justice |
| 17 | | Mortality Review Team Act. |
| 18 | | (cc) Information regarding interments, entombments, or |
| 19 | | inurnments of human remains that are submitted to the |
| 20 | | Cemetery Oversight Database under the Cemetery Care Act or |
| 21 | | the Cemetery Oversight Act, whichever is applicable. |
| 22 | | (dd) Correspondence and records (i) that may not be |
| 23 | | disclosed under Section 11-9 of the Illinois Public Aid |
| 24 | | Code or (ii) that pertain to appeals under Section 11-8 of |
| 25 | | the Illinois Public Aid Code. |
| 26 | | (ee) The names, addresses, or other personal |
|
| | HB4801 | - 31 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | information of persons who are minors and are also |
| 2 | | participants and registrants in programs of park |
| 3 | | districts, forest preserve districts, conservation |
| 4 | | districts, recreation agencies, and special recreation |
| 5 | | associations. |
| 6 | | (ff) The names, addresses, or other personal |
| 7 | | information of participants and registrants in programs of |
| 8 | | park districts, forest preserve districts, conservation |
| 9 | | districts, recreation agencies, and special recreation |
| 10 | | associations where such programs are targeted primarily to |
| 11 | | minors. |
| 12 | | (gg) Confidential information described in Section |
| 13 | | 1-100 of the Illinois Independent Tax Tribunal Act of |
| 14 | | 2012. |
| 15 | | (hh) The report submitted to the State Board of |
| 16 | | Education by the School Security and Standards Task Force |
| 17 | | under item (8) of subsection (d) of Section 2-3.160 of the |
| 18 | | School Code and any information contained in that report. |
| 19 | | (ii) Records requested by persons committed to or |
| 20 | | detained by the Department of Human Services under the |
| 21 | | Sexually Violent Persons Commitment Act or committed to |
| 22 | | the Department of Corrections under the Sexually Dangerous |
| 23 | | Persons Act if those materials: (i) are available in the |
| 24 | | library of the facility where the individual is confined; |
| 25 | | (ii) include records from staff members' personnel files, |
| 26 | | staff rosters, or other staffing assignment information; |
|
| | HB4801 | - 32 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | or (iii) are available through an administrative request |
| 2 | | to the Department of Human Services or the Department of |
| 3 | | Corrections. |
| 4 | | (jj) Confidential information described in Section |
| 5 | | 5-535 of the Civil Administrative Code of Illinois. |
| 6 | | (kk) The public body's credit card numbers, debit card |
| 7 | | numbers, bank account numbers, Federal Employer |
| 8 | | Identification Number, security code numbers, passwords, |
| 9 | | and similar account information, the disclosure of which |
| 10 | | could result in identity theft or impression or defrauding |
| 11 | | of a governmental entity or a person. |
| 12 | | (ll) Records concerning the work of the threat |
| 13 | | assessment team of a school district, including, but not |
| 14 | | limited to, any threat assessment procedure under the |
| 15 | | School Safety Drill Act and any information contained in |
| 16 | | the procedure. |
| 17 | | (mm) Information prohibited from being disclosed under |
| 18 | | subsections (a) and (b) of Section 15 of the Student |
| 19 | | Confidential Reporting Act. |
| 20 | | (nn) Proprietary information submitted to the |
| 21 | | Environmental Protection Agency under the Drug Take-Back |
| 22 | | Act. |
| 23 | | (oo) Records described in subsection (f) of Section |
| 24 | | 3-5-1 of the Unified Code of Corrections. |
| 25 | | (pp) Any and all information regarding burials, |
| 26 | | interments, or entombments of human remains as required to |
|
| | HB4801 | - 33 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | be reported to the Department of Natural Resources |
| 2 | | pursuant either to the Archaeological and Paleontological |
| 3 | | Resources Protection Act or the Human Remains Protection |
| 4 | | Act. |
| 5 | | (qq) Reports described in subsection (e) of Section |
| 6 | | 16-15 of the Abortion Care Clinical Training Program Act. |
| 7 | | (rr) Information obtained by a certified local health |
| 8 | | department under the Access to Public Health Data Act. |
| 9 | | (ss) For a request directed to a public body that is |
| 10 | | also a HIPAA-covered entity, all information that is |
| 11 | | protected health information, including demographic |
| 12 | | information, that may be contained within or extracted |
| 13 | | from any record held by the public body in compliance with |
| 14 | | State and federal medical privacy laws and regulations, |
| 15 | | including, but not limited to, the Health Insurance |
| 16 | | Portability and Accountability Act and its regulations, 45 |
| 17 | | CFR Parts 160 and 164. As used in this paragraph, |
| 18 | | "HIPAA-covered entity" has the meaning given to the term |
| 19 | | "covered entity" in 45 CFR 160.103 and "protected health |
| 20 | | information" has the meaning given to that term in 45 CFR |
| 21 | | 160.103. |
| 22 | | (tt) Proposals or bids submitted by engineering |
| 23 | | consultants in response to requests for proposal or other |
| 24 | | competitive bidding requests by the Department of |
| 25 | | Transportation or the Illinois Toll Highway Authority. |
| 26 | | (uu) Information submitted to a Chief County |
|
| | HB4801 | - 34 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Assessment Officer that is exempt from disclosure under |
| 2 | | Section 15-172 of the Property Tax Code. |
| 3 | | (1.5) Any information exempt from disclosure under the |
| 4 | | Judicial Privacy Act shall be redacted from public records |
| 5 | | prior to disclosure under this Act. |
| 6 | | (2) A public record that is not in the possession of a |
| 7 | | public body but is in the possession of a party with whom the |
| 8 | | agency has contracted to perform a governmental function on |
| 9 | | behalf of the public body, and that directly relates to the |
| 10 | | governmental function and is not otherwise exempt under this |
| 11 | | Act, shall be considered a public record of the public body, |
| 12 | | for purposes of this Act. |
| 13 | | (3) This Section does not authorize withholding of |
| 14 | | information or limit the availability of records to the |
| 15 | | public, except as stated in this Section or otherwise provided |
| 16 | | in this Act. |
| 17 | | (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; |
| 18 | | 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. |
| 19 | | 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, |
| 20 | | eff. 1-1-25; 104-300, eff. 1-1-27.) |
| 21 | | Section 10. The Property Tax Code is amended by changing |
| 22 | | Section 15-172 as follows: |
| 23 | | (35 ILCS 200/15-172) |
| 24 | | Sec. 15-172. Low-Income Senior Citizens Assessment Freeze |
|
| | HB4801 | - 35 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Homestead Exemption. |
| 2 | | (a) This Section may be cited as the Low-Income Senior |
| 3 | | Citizens Assessment Freeze Homestead Exemption. |
| 4 | | (b) As used in this Section: |
| 5 | | "Applicant" means an individual who has filed an |
| 6 | | application under this Section. |
| 7 | | "Base amount" means the base year equalized assessed value |
| 8 | | of the residence plus the first year's equalized assessed |
| 9 | | value of any added improvements which increased the assessed |
| 10 | | value of the residence after the base year. |
| 11 | | "Base year" means the taxable year prior to the taxable |
| 12 | | year for which the applicant first qualifies and applies for |
| 13 | | the exemption provided that in the prior taxable year the |
| 14 | | property was improved with a permanent structure that was |
| 15 | | occupied as a residence by the applicant who was liable for |
| 16 | | paying real property taxes on the property and who was either |
| 17 | | (i) an owner of record of the property or had legal or |
| 18 | | equitable interest in the property as evidenced by a written |
| 19 | | instrument or (ii) had a legal or equitable interest as a |
| 20 | | lessee in the parcel of property that was single family |
| 21 | | residence. If in any subsequent taxable year for which the |
| 22 | | applicant applies and qualifies for the exemption the |
| 23 | | equalized assessed value of the residence is less than the |
| 24 | | equalized assessed value in the existing base year (provided |
| 25 | | that such equalized assessed value is not based on an assessed |
| 26 | | value that results from a temporary irregularity in the |
|
| | HB4801 | - 36 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | property that reduces the assessed value for one or more |
| 2 | | taxable years), then that subsequent taxable year shall become |
| 3 | | the base year until a new base year is established under the |
| 4 | | terms of this paragraph. For taxable year 1999 only, the Chief |
| 5 | | County Assessment Officer shall review (i) all taxable years |
| 6 | | for which the applicant applied and qualified for the |
| 7 | | exemption and (ii) the existing base year. The assessment |
| 8 | | officer shall select as the new base year the year with the |
| 9 | | lowest equalized assessed value. An equalized assessed value |
| 10 | | that is based on an assessed value that results from a |
| 11 | | temporary irregularity in the property that reduces the |
| 12 | | assessed value for one or more taxable years shall not be |
| 13 | | considered the lowest equalized assessed value. The selected |
| 14 | | year shall be the base year for taxable year 1999 and |
| 15 | | thereafter until a new base year is established under the |
| 16 | | terms of this paragraph. |
| 17 | | "Chief County Assessment Officer" means the County |
| 18 | | Assessor or Supervisor of Assessments of the county in which |
| 19 | | the property is located. |
| 20 | | "Equalized assessed value" means the assessed value as |
| 21 | | equalized by the Illinois Department of Revenue. |
| 22 | | "Household" means the applicant, the spouse of the |
| 23 | | applicant, and all persons using the residence of the |
| 24 | | applicant as their principal place of residence. |
| 25 | | "Household income" means the combined income of the |
| 26 | | members of a household for the calendar year preceding the |
|
| | HB4801 | - 37 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | taxable year. |
| 2 | | "Income" has the same meaning as provided in Section 3.07 |
| 3 | | of the Senior Citizens and Persons with Disabilities Property |
| 4 | | Tax Relief Act, except that, beginning in assessment year |
| 5 | | 2001, "income" does not include veteran's benefits. |
| 6 | | "Internal Revenue Code of 1986" means the United States |
| 7 | | Internal Revenue Code of 1986 or any successor law or laws |
| 8 | | relating to federal income taxes in effect for the year |
| 9 | | preceding the taxable year. |
| 10 | | "Life care facility that qualifies as a cooperative" means |
| 11 | | a facility as defined in Section 2 of the Life Care Facilities |
| 12 | | Act. |
| 13 | | "Maximum income limitation" means: |
| 14 | | (1) $35,000 prior to taxable year 1999; |
| 15 | | (2) $40,000 in taxable years 1999 through 2003; |
| 16 | | (3) $45,000 in taxable years 2004 through 2005; |
| 17 | | (4) $50,000 in taxable years 2006 and 2007; |
| 18 | | (5) $55,000 in taxable years 2008 through 2016; |
| 19 | | (6) for taxable year 2017, (i) $65,000 for qualified |
| 20 | | property located in a county with 3,000,000 or more |
| 21 | | inhabitants and (ii) $55,000 for qualified property |
| 22 | | located in a county with fewer than 3,000,000 inhabitants; |
| 23 | | and |
| 24 | | (7) for taxable years 2018 and thereafter, $65,000 for |
| 25 | | all qualified property. |
| 26 | | As an alternative income valuation, a homeowner who is |
|
| | HB4801 | - 38 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | enrolled in any of the following programs may be presumed to |
| 2 | | have household income that does not exceed the maximum income |
| 3 | | limitation for that tax year as required by this Section: Aid |
| 4 | | to the Aged, Blind or Disabled (AABD) Program or the |
| 5 | | Supplemental Nutrition Assistance Program (SNAP), both of |
| 6 | | which are administered by the Department of Human Services; |
| 7 | | the Low Income Home Energy Assistance Program (LIHEAP), which |
| 8 | | is administered by the Department of Commerce and Economic |
| 9 | | Opportunity; The Benefit Access program, which is administered |
| 10 | | by the Department on Aging; and the Senior Citizens Real |
| 11 | | Estate Tax Deferral Program. |
| 12 | | A chief county assessment officer may indicate that he or |
| 13 | | she has verified an applicant's income eligibility for this |
| 14 | | exemption but may not report which program or programs, if |
| 15 | | any, enroll the applicant. Release of personal information |
| 16 | | submitted pursuant to this Section shall be deemed an |
| 17 | | unwarranted invasion of personal privacy under the Freedom of |
| 18 | | Information Act. |
| 19 | | "Residence" means the principal dwelling place and |
| 20 | | appurtenant structures used for residential purposes in this |
| 21 | | State occupied on January 1 of the taxable year by a household |
| 22 | | and so much of the surrounding land, constituting the parcel |
| 23 | | upon which the dwelling place is situated, as is used for |
| 24 | | residential purposes. If the Chief County Assessment Officer |
| 25 | | has established a specific legal description for a portion of |
| 26 | | property constituting the residence, then that portion of |
|
| | HB4801 | - 39 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | property shall be deemed the residence for the purposes of |
| 2 | | this Section. |
| 3 | | "Taxable year" means the calendar year during which ad |
| 4 | | valorem property taxes payable in the next succeeding year are |
| 5 | | levied. |
| 6 | | (c) Beginning in taxable year 1994, a low-income senior |
| 7 | | citizens assessment freeze homestead exemption is granted for |
| 8 | | real property that is improved with a permanent structure that |
| 9 | | is occupied as a residence by an applicant who (i) is 65 years |
| 10 | | of age or older during the taxable year, (ii) has a household |
| 11 | | income that does not exceed the maximum income limitation, |
| 12 | | (iii) is liable for paying real property taxes on the |
| 13 | | property, and (iv) is an owner of record of the property or has |
| 14 | | a legal or equitable interest in the property as evidenced by a |
| 15 | | written instrument. This homestead exemption shall also apply |
| 16 | | to a leasehold interest in a parcel of property improved with a |
| 17 | | permanent structure that is a single family residence that is |
| 18 | | occupied as a residence by a person who (i) is 65 years of age |
| 19 | | or older during the taxable year, (ii) has a household income |
| 20 | | that does not exceed the maximum income limitation, (iii) has |
| 21 | | a legal or equitable ownership interest in the property as |
| 22 | | lessee, and (iv) is liable for the payment of real property |
| 23 | | taxes on that property. |
| 24 | | In counties of 3,000,000 or more inhabitants, the amount |
| 25 | | of the exemption for all taxable years is the equalized |
| 26 | | assessed value of the residence in the taxable year for which |
|
| | HB4801 | - 40 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | application is made minus the base amount. In all other |
| 2 | | counties, the amount of the exemption is as follows: (i) |
| 3 | | through taxable year 2005 and for taxable year 2007 and |
| 4 | | thereafter, the amount of this exemption shall be the |
| 5 | | equalized assessed value of the residence in the taxable year |
| 6 | | for which application is made minus the base amount; and (ii) |
| 7 | | for taxable year 2006, the amount of the exemption is as |
| 8 | | follows: |
| 9 | | (1) For an applicant who has a household income of |
| 10 | | $45,000 or less, the amount of the exemption is the |
| 11 | | equalized assessed value of the residence in the taxable |
| 12 | | year for which application is made minus the base amount. |
| 13 | | (2) For an applicant who has a household income |
| 14 | | exceeding $45,000 but not exceeding $46,250, the amount of |
| 15 | | the exemption is (i) the equalized assessed value of the |
| 16 | | residence in the taxable year for which application is |
| 17 | | made minus the base amount (ii) multiplied by 0.8. |
| 18 | | (3) For an applicant who has a household income |
| 19 | | exceeding $46,250 but not exceeding $47,500, the amount of |
| 20 | | the exemption is (i) the equalized assessed value of the |
| 21 | | residence in the taxable year for which application is |
| 22 | | made minus the base amount (ii) multiplied by 0.6. |
| 23 | | (4) For an applicant who has a household income |
| 24 | | exceeding $47,500 but not exceeding $48,750, the amount of |
| 25 | | the exemption is (i) the equalized assessed value of the |
| 26 | | residence in the taxable year for which application is |
|
| | HB4801 | - 41 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | made minus the base amount (ii) multiplied by 0.4. |
| 2 | | (5) For an applicant who has a household income |
| 3 | | exceeding $48,750 but not exceeding $50,000, the amount of |
| 4 | | the exemption is (i) the equalized assessed value of the |
| 5 | | residence in the taxable year for which application is |
| 6 | | made minus the base amount (ii) multiplied by 0.2. |
| 7 | | When the applicant is a surviving spouse of an applicant |
| 8 | | for a prior year for the same residence for which an exemption |
| 9 | | under this Section has been granted, the base year and base |
| 10 | | amount for that residence are the same as for the applicant for |
| 11 | | the prior year. |
| 12 | | Each year at the time the assessment books are certified |
| 13 | | to the County Clerk, the Board of Review or Board of Appeals |
| 14 | | shall give to the County Clerk a list of the assessed values of |
| 15 | | improvements on each parcel qualifying for this exemption that |
| 16 | | were added after the base year for this parcel and that |
| 17 | | increased the assessed value of the property. |
| 18 | | In the case of land improved with an apartment building |
| 19 | | owned and operated as a cooperative or a building that is a |
| 20 | | life care facility that qualifies as a cooperative, the |
| 21 | | maximum reduction from the equalized assessed value of the |
| 22 | | property is limited to the sum of the reductions calculated |
| 23 | | for each unit occupied as a residence by a person or persons |
| 24 | | (i) 65 years of age or older, (ii) with a household income that |
| 25 | | does not exceed the maximum income limitation, (iii) who is |
| 26 | | liable, by contract with the owner or owners of record, for |
|
| | HB4801 | - 42 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | paying real property taxes on the property, and (iv) who is an |
| 2 | | owner of record of a legal or equitable interest in the |
| 3 | | cooperative apartment building, other than a leasehold |
| 4 | | interest. In the instance of a cooperative where a homestead |
| 5 | | exemption has been granted under this Section, the cooperative |
| 6 | | association or its management firm shall credit the savings |
| 7 | | resulting from that exemption only to the apportioned tax |
| 8 | | liability of the owner who qualified for the exemption. Any |
| 9 | | person who willfully refuses to credit that savings to an |
| 10 | | owner who qualifies for the exemption is guilty of a Class B |
| 11 | | misdemeanor. |
| 12 | | When a homestead exemption has been granted under this |
| 13 | | Section and an applicant then becomes a resident of a facility |
| 14 | | licensed under the Assisted Living and Shared Housing Act, the |
| 15 | | Nursing Home Care Act, the Specialized Mental Health |
| 16 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or |
| 17 | | the MC/DD Act, the exemption shall be granted in subsequent |
| 18 | | years so long as the residence (i) continues to be occupied by |
| 19 | | the qualified applicant's spouse or (ii) if remaining |
| 20 | | unoccupied, is still owned by the qualified applicant for the |
| 21 | | homestead exemption. |
| 22 | | Beginning January 1, 1997, when an individual dies who |
| 23 | | would have qualified for an exemption under this Section, and |
| 24 | | the surviving spouse does not independently qualify for this |
| 25 | | exemption because of age, the exemption under this Section |
| 26 | | shall be granted to the surviving spouse for the taxable year |
|
| | HB4801 | - 43 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | preceding and the taxable year of the death, provided that, |
| 2 | | except for age, the surviving spouse meets all other |
| 3 | | qualifications for the granting of this exemption for those |
| 4 | | years. |
| 5 | | When married persons maintain separate residences, the |
| 6 | | exemption provided for in this Section may be claimed by only |
| 7 | | one of such persons and for only one residence. |
| 8 | | For taxable year 1994 only, in counties having less than |
| 9 | | 3,000,000 inhabitants, to receive the exemption, a person |
| 10 | | shall submit an application by February 15, 1995 to the Chief |
| 11 | | County Assessment Officer of the county in which the property |
| 12 | | is located. In counties having 3,000,000 or more inhabitants, |
| 13 | | for taxable year 1994 and all subsequent taxable years, to |
| 14 | | receive the exemption, a person may submit an application to |
| 15 | | the Chief County Assessment Officer of the county in which the |
| 16 | | property is located during such period as may be specified by |
| 17 | | the Chief County Assessment Officer. The Chief County |
| 18 | | Assessment Officer in counties of 3,000,000 or more |
| 19 | | inhabitants shall annually give notice of the application |
| 20 | | period by mail or by publication. In counties having less than |
| 21 | | 3,000,000 inhabitants, beginning with taxable year 1995 and |
| 22 | | thereafter, to receive the exemption, a person shall submit an |
| 23 | | application by July 1 of each taxable year to the Chief County |
| 24 | | Assessment Officer of the county in which the property is |
| 25 | | located. A county may, by ordinance, establish a date for |
| 26 | | submission of applications that is different than July 1. The |
|
| | HB4801 | - 44 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | applicant shall submit with the application an affidavit of |
| 2 | | the applicant's total household income, age, marital status |
| 3 | | (and if married the name and address of the applicant's |
| 4 | | spouse, if known), and principal dwelling place of members of |
| 5 | | the household on January 1 of the taxable year. The Department |
| 6 | | shall establish, by rule, a method for verifying the accuracy |
| 7 | | of affidavits filed by applicants under this Section, and the |
| 8 | | Chief County Assessment Officer may conduct audits of any |
| 9 | | taxpayer claiming an exemption under this Section to verify |
| 10 | | that the taxpayer is eligible to receive the exemption. Each |
| 11 | | application shall contain or be verified by a written |
| 12 | | declaration that it is made under the penalties of perjury. A |
| 13 | | taxpayer's signing a fraudulent application under this Act is |
| 14 | | perjury, as defined in Section 32-2 of the Criminal Code of |
| 15 | | 2012. The applications shall be clearly marked as applications |
| 16 | | for the Low-Income Senior Citizens Assessment Freeze Homestead |
| 17 | | Exemption and must contain a notice that any taxpayer who |
| 18 | | receives the exemption is subject to an audit by the Chief |
| 19 | | County Assessment Officer. |
| 20 | | Notwithstanding any other provision of law, the Chief |
| 21 | | County Assessment Officer in a county with 3,000,000 or more |
| 22 | | inhabitants may allow applicants to voluntarily provide to the |
| 23 | | Chief County Assessment Officer the full social security |
| 24 | | numbers or individual taxpayer identification numbers, as |
| 25 | | applicable, for all members of the applicant's household. If, |
| 26 | | in a county with 3,000,000 or more inhabitants, the applicant |
|
| | HB4801 | - 45 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | provides the Chief County Assessment Officer with the full |
| 2 | | social security numbers or individual taxpayer identification |
| 3 | | numbers for all members of the applicant's household, then, in |
| 4 | | subsequent taxable years, the Chief County Assessment Officer |
| 5 | | may renew the exemption under this Section without a new |
| 6 | | application if the Chief County Assessment Officer is able to |
| 7 | | confirm both that (i) the applicant remains eligible for the |
| 8 | | Senior Citizen Homestead Exemption under Section 15-170 for |
| 9 | | the applicable property and (ii) the applicant's household |
| 10 | | income does not exceed the maximum income limitation under |
| 11 | | this Section. A Chief County Assessment Officer who renews an |
| 12 | | exemption under this paragraph without an annual application |
| 13 | | shall notify the applicant of both the decision to renew the |
| 14 | | exemption and the applicant's ongoing duty to report changes |
| 15 | | in the applicant's eligibility. If a Chief County Assessment |
| 16 | | Officer who receives an applicant's social security number or |
| 17 | | tax identification number under this paragraph is unable to |
| 18 | | verify that the applicant remains eligible for the exemption |
| 19 | | under this Section, then the Chief County Assessment Officer |
| 20 | | shall notify the applicant of that fact and shall provide the |
| 21 | | applicant with an opportunity to demonstrate the applicant's |
| 22 | | eligibility. |
| 23 | | Notwithstanding any other provision to the contrary, in |
| 24 | | counties having fewer than 3,000,000 inhabitants, if an |
| 25 | | applicant fails to file the application required by this |
| 26 | | Section in a timely manner and this failure to file is due to a |
|
| | HB4801 | - 46 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | mental or physical condition sufficiently severe so as to |
| 2 | | render the applicant incapable of filing the application in a |
| 3 | | timely manner, the Chief County Assessment Officer may extend |
| 4 | | the filing deadline for a period of 30 days after the applicant |
| 5 | | regains the capability to file the application, but in no case |
| 6 | | may the filing deadline be extended beyond 3 months of the |
| 7 | | original filing deadline. In order to receive the extension |
| 8 | | provided in this paragraph, the applicant shall provide the |
| 9 | | Chief County Assessment Officer with a signed statement from |
| 10 | | the applicant's physician, advanced practice registered nurse, |
| 11 | | or physician assistant stating the nature and extent of the |
| 12 | | condition, that, in the physician's, advanced practice |
| 13 | | registered nurse's, or physician assistant's opinion, the |
| 14 | | condition was so severe that it rendered the applicant |
| 15 | | incapable of filing the application in a timely manner, and |
| 16 | | the date on which the applicant regained the capability to |
| 17 | | file the application. |
| 18 | | Beginning January 1, 1998, notwithstanding any other |
| 19 | | provision to the contrary, in counties having fewer than |
| 20 | | 3,000,000 inhabitants, if an applicant fails to file the |
| 21 | | application required by this Section in a timely manner and |
| 22 | | this failure to file is due to a mental or physical condition |
| 23 | | sufficiently severe so as to render the applicant incapable of |
| 24 | | filing the application in a timely manner, the Chief County |
| 25 | | Assessment Officer may extend the filing deadline for a period |
| 26 | | of 3 months. In order to receive the extension provided in this |
|
| | HB4801 | - 47 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | paragraph, the applicant shall provide the Chief County |
| 2 | | Assessment Officer with a signed statement from the |
| 3 | | applicant's physician, advanced practice registered nurse, or |
| 4 | | physician assistant stating the nature and extent of the |
| 5 | | condition, and that, in the physician's, advanced practice |
| 6 | | registered nurse's, or physician assistant's opinion, the |
| 7 | | condition was so severe that it rendered the applicant |
| 8 | | incapable of filing the application in a timely manner. |
| 9 | | In counties having less than 3,000,000 inhabitants, if an |
| 10 | | applicant was denied an exemption in taxable year 1994 and the |
| 11 | | denial occurred due to an error on the part of an assessment |
| 12 | | official, or his or her agent or employee, then beginning in |
| 13 | | taxable year 1997 the applicant's base year, for purposes of |
| 14 | | determining the amount of the exemption, shall be 1993 rather |
| 15 | | than 1994. In addition, in taxable year 1997, the applicant's |
| 16 | | exemption shall also include an amount equal to (i) the amount |
| 17 | | of any exemption denied to the applicant in taxable year 1995 |
| 18 | | as a result of using 1994, rather than 1993, as the base year, |
| 19 | | (ii) the amount of any exemption denied to the applicant in |
| 20 | | taxable year 1996 as a result of using 1994, rather than 1993, |
| 21 | | as the base year, and (iii) the amount of the exemption |
| 22 | | erroneously denied for taxable year 1994. |
| 23 | | For purposes of this Section, a person who will be 65 years |
| 24 | | of age during the current taxable year shall be eligible to |
| 25 | | apply for the homestead exemption during that taxable year. |
| 26 | | Application shall be made during the application period in |
|
| | HB4801 | - 48 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | effect for the county of his or her residence. |
| 2 | | The Chief County Assessment Officer may determine the |
| 3 | | eligibility of a life care facility that qualifies as a |
| 4 | | cooperative to receive the benefits provided by this Section |
| 5 | | by use of an affidavit, application, visual inspection, |
| 6 | | questionnaire, or other reasonable method in order to insure |
| 7 | | that the tax savings resulting from the exemption are credited |
| 8 | | by the management firm to the apportioned tax liability of |
| 9 | | each qualifying resident. The Chief County Assessment Officer |
| 10 | | may request reasonable proof that the management firm has so |
| 11 | | credited that exemption. |
| 12 | | Except as provided in this Section, all information |
| 13 | | received by the Chief County Assessment Officer chief county |
| 14 | | assessment officer or the Department from applications filed |
| 15 | | under this Section, or from any investigation conducted under |
| 16 | | the provisions of this Section, shall be confidential and |
| 17 | | privileged, shall be exempt from disclosure under the Freedom |
| 18 | | of Information Act, and shall not be divulged to any person or |
| 19 | | agency, except as necessary to determine eligibility for the |
| 20 | | exemption under this Section. , except for official purposes or |
| 21 | | pursuant to official procedures for collection of any State or |
| 22 | | local tax or enforcement of any civil or criminal penalty or |
| 23 | | sanction imposed by this Act or by any statute or ordinance |
| 24 | | imposing a State or local tax. Any person who divulges any such |
| 25 | | information in any manner, except in accordance with this |
| 26 | | Section or with a proper judicial order, is guilty of a Class A |
|
| | HB4801 | - 49 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | misdemeanor. |
| 2 | | Nothing contained in this Section shall prevent the |
| 3 | | Director or chief county assessment officer from publishing or |
| 4 | | making available reasonable statistics concerning the |
| 5 | | operation of the exemption contained in this Section in which |
| 6 | | the contents of claims are grouped into aggregates in such a |
| 7 | | way that information contained in any individual claim shall |
| 8 | | not be disclosed. |
| 9 | | Notwithstanding any other provision of law, for taxable |
| 10 | | year 2017 and thereafter, in counties of 3,000,000 or more |
| 11 | | inhabitants, the amount of the exemption shall be the greater |
| 12 | | of (i) the amount of the exemption otherwise calculated under |
| 13 | | this Section or (ii) $2,000. |
| 14 | | (c-5) Notwithstanding any other provision of law, each |
| 15 | | chief county assessment officer may approve this exemption for |
| 16 | | the 2020 taxable year, without application, for any property |
| 17 | | that was approved for this exemption for the 2019 taxable |
| 18 | | year, provided that: |
| 19 | | (1) the county board has declared a local disaster as |
| 20 | | provided in the Illinois Emergency Management Agency Act |
| 21 | | related to the COVID-19 public health emergency; |
| 22 | | (2) the owner of record of the property as of January |
| 23 | | 1, 2020 is the same as the owner of record of the property |
| 24 | | as of January 1, 2019; |
| 25 | | (3) the exemption for the 2019 taxable year has not |
| 26 | | been determined to be an erroneous exemption as defined by |
|
| | HB4801 | - 50 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | this Code; and |
| 2 | | (4) the applicant for the 2019 taxable year has not |
| 3 | | asked for the exemption to be removed for the 2019 or 2020 |
| 4 | | taxable years. |
| 5 | | Nothing in this subsection shall preclude or impair the |
| 6 | | authority of a chief county assessment officer to conduct |
| 7 | | audits of any taxpayer claiming an exemption under this |
| 8 | | Section to verify that the taxpayer is eligible to receive the |
| 9 | | exemption as provided elsewhere in this Section. |
| 10 | | (c-10) Notwithstanding any other provision of law, each |
| 11 | | chief county assessment officer may approve this exemption for |
| 12 | | the 2021 taxable year, without application, for any property |
| 13 | | that was approved for this exemption for the 2020 taxable |
| 14 | | year, if: |
| 15 | | (1) the county board has declared a local disaster as |
| 16 | | provided in the Illinois Emergency Management Agency Act |
| 17 | | related to the COVID-19 public health emergency; |
| 18 | | (2) the owner of record of the property as of January |
| 19 | | 1, 2021 is the same as the owner of record of the property |
| 20 | | as of January 1, 2020; |
| 21 | | (3) the exemption for the 2020 taxable year has not |
| 22 | | been determined to be an erroneous exemption as defined by |
| 23 | | this Code; and |
| 24 | | (4) the taxpayer for the 2020 taxable year has not |
| 25 | | asked for the exemption to be removed for the 2020 or 2021 |
| 26 | | taxable years. |
|
| | HB4801 | - 51 - | LRB104 16510 HLH 29906 b |
|
|
| 1 | | Nothing in this subsection shall preclude or impair the |
| 2 | | authority of a chief county assessment officer to conduct |
| 3 | | audits of any taxpayer claiming an exemption under this |
| 4 | | Section to verify that the taxpayer is eligible to receive the |
| 5 | | exemption as provided elsewhere in this Section. |
| 6 | | (d) Each Chief County Assessment Officer shall annually |
| 7 | | publish a notice of availability of the exemption provided |
| 8 | | under this Section. The notice shall be published at least 60 |
| 9 | | days but no more than 75 days prior to the date on which the |
| 10 | | application must be submitted to the Chief County Assessment |
| 11 | | Officer of the county in which the property is located. The |
| 12 | | notice shall appear in a newspaper of general circulation in |
| 13 | | the county. |
| 14 | | Notwithstanding Sections 6 and 8 of the State Mandates |
| 15 | | Act, no reimbursement by the State is required for the |
| 16 | | implementation of any mandate created by this Section. |
| 17 | | (Source: P.A. 101-635, eff. 6-5-20; 102-136, eff. 7-23-21; |
| 18 | | 102-895, eff. 5-23-22.) |
| 19 | | Section 95. No acceleration or delay. Where this Act makes |
| 20 | | changes in a statute that is represented in this Act by text |
| 21 | | that is not yet or no longer in effect (for example, a Section |
| 22 | | represented by multiple versions), the use of that text does |
| 23 | | not accelerate or delay the taking effect of (i) the changes |
| 24 | | made by this Act or (ii) provisions derived from any other |
| 25 | | Public Act. |